Visas & Advice Detail
Immigration Licensing
Richard Howard, Managing director of Pathways New Zealand, explains the new licensing laws
In response to concerns about the number of migrants being disadvantaged through poor immigration advice and fraudulent activities, the New Zealand Government last year passed the Immigration Advisers Licensing Act 2007. This new legislation is intended to both protect new migrants and to support competent immigration advisers in the delivery of sound immigration advice and services.
Previously, any person could establish themselves as an immigration adviser, and many people have done so, without having any relevant experience or expertise. However, from May 2008, the immigration advice industry in NZ has become regulated, bringing the country into line with the other major migrant destination countries of Australia, the UK and Canada. The Immigration Advisers Authority (IAA), an independent authority within the Department of Labour, is responsible for licensing immigration advisers and for managing complaints against them.
Authority Registrar Barry Smedts says that licensing will protect migrants and advisers alike, as well as enhancing New Zealand's reputation as a quality destination.
"Making immigration advisers part of a licensed, recognised profession benefits everyone," he says. "Migrants can be confident they are getting the correct and best information, whether they work with an adviser or directly with Immigration New Zealand. Creating professional standards for Immigration Advisers will help protect them against poor advice or unprofessional behaviour.
Smedts continues: "Immigration Advisers who give their clients sound advice and professional service will also benefit, through new continuing professional development programmes and recognition of their work as a regulated profession. Under the new law, advisers who provide poor or fraudulent advice can also be prosecuted."
To date, only around 20 advisers have achieved the standard to be licensed. However, this number will increase quickly over the coming months as any adviser wishing to provide immigration advice in NZ must be licensed by 4th May 2009 unless exempt, otherwise they will be unable to practice. NZ registered lawyers are the most prominent group who are exempt from being licensed.
In order to complete the license application process before the 4th May deadline, the IAA is requiring applications to be submitted by 12th December 2008. The Act also requires all offshore-based advisers who provide NZ immigration advice to be licensed by May 2010.
Under the Act, immigration advice is defined as 'using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward.'
To become licensed, an immigration adviser must first meet a wide range of competency standards, which include having relevant qualifications, practical and proven experience and knowledge in immigration matters, professional business practices, good character, acceptable English and an ongoing commitment to professional development. License applicants must provide full copies of four completed client files showcasing various types of applications and the correspondence and administration of the application process and fee payments. These same clients must provide a written authority and a reference in respect to the quality of the license applicant's work. An open book questionnaire on immigration regulations and policies is part of the process, together with a professional reference and a professional interview.
There are three classes of licence (Full, Provisional and Limited), and advisers must adhere to a professional Code of Conduct and apply to renew their licence annually. The current licensing fee is NZ$1,995.
Licensing is an individual adviser requirement and organisations or companies cannot be licensed or promote themselves as being licensed, rather they must state they employ or use licensed immigration advisers.
The licensing application process will prove professionally challenging for a number of people currently operating in the industry. Smaller, part-time advisers may elect not to apply for a licence, or they may not be able to achieve the licensing standard. Advisers for whom English is not their main language may have difficulty attaining the required English standard for licensing, and the financial cost of the application licence, and of 'maintaining' a licence, will impact on smaller, less financial, businesses, and part-time advisers.
The expectation, therefore, is that the industry will initially contract, numbers wise, during this transitional period. However, those advisers who do become licensed will clearly be representative of those who are more competent and committed to their role and who have the capability and motivation to grow their businesses and act upon the greater opportunities which will result.
The Act has implications for people acting in recruitment and other roles associated with assisting prospective employees and migrants from overseas to relocate to NZ. If any aspect of such assistance involves advice on any immigration matter such people will need to consider whether they should become licensed, limit the nature of their assistance, or rely on a licensed adviser.
Making immigration advisers a recognised and regulated profession is an important and timely move forward and has been supported by the industry in NZ. It will result in a more defined, professional and knowledgeable immigration advisory industry, and provide migrants with confidence that they will now get correct, appropriate and timely advice from a licensed adviser and have an avenue for any redress through the Immigration Advisers Authority.
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